A.S.(MD)No.10 of 2014

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Dated : 19.01.2023

CORAM

THE HONOURABLE MRS.JUSTICE N.MALA

A.S.(MD)No.10 of 2014

and

M.P(MD)No.1 of 2014

1.M.Umayal Achi (Died)

...1^st Defendant/Appellant

2.N.K.Umayal

3.M.Subbiah

4.M.Meenakshi

5.M.Lakshmi

6.M.Kulanthian

... Appellants

(Appellants 2 to 6 are brought on

record as LRS of the deceased sole

appellant vide Court order dated

05.01.2023 in CMP(MD)Nos.51, 53

and 54 of 2023)

Vs

1.Meenakshi Achi @ Saraswathi Achi

2.C.Azhagammai Achi @ Rajambal

3.S.Unnamalai Achi

4.P.L.Azhagammai Achi

...Plaintiffs/

Respondents 1 to 4

5.Kuppal Achi @ Kamalambal Achi

6.KT.RM.Kathiresan Chettiar

7.KT.RM.Lakshmanan Chettiar

...Defendants 2 to 4/

Respondents 5 to 7

PRAYER: Appeal Suit filed under Section 96 of Code of Civil Procedure, to

set aside the judgment and decree dated 30.08.2013 passed in O.S.No.41 of

2008 on the file of the District Judge, Sivagangai.

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A.S.(MD)No.10 of 2014

For Appellants

: Mr.C.Mahadevan

For R1 to R4

: Mr.C.Jeya Prakash

JUDGMENT

The appeal is filed against the judgment and decree of the Trial Court

passed in O.S.No.41 of 2008 declaring plaintiff's' 1/5^th share in the suit

property which was purchased under registered sale deed 21.01.1974. The

preliminary decree further directed that the plaintiffs and the first defendant

will have to work out their remedy in the final decree proceedings if the

properties are indivisible in nature.

2. The first defendant/appellant aggrieved by the judgment and decree

of the trial Court preferred the above appeal. Pending the appeal as the first

defendant/appellant died, his legal heirs were impleaded and came on record

as appellants 2 to 6.

3. Both the learned counsels filed a memo under Order XXIII of CPC

stating that the matter has been settled between the parties. As per the memo,

the parties have agreed to enjoy the suit properties as it is and further, the

respondents 1 to 4/plaintiffs in the suit have agreed to have preliminary

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A.S.(MD)No.10 of 2014

decree, dated 30.08.2013 passed in O.S.No.41 of 2008 on the file of the

learned District Judge, Sivagangai set aside by recording that the prayer in the

suit are not pressed.

4. The respondents 1 to 4/plaintiffs are present before this Court and

have acknowledged the signature in the memo of compromise. The third

appellant is also present before this Court and he has acknowledged the

signature in the memo of compromise and confirmed the same.

5. The appeal is therefore disposed of by recording the memo of

compromise. There shall be no order as to costs. The compromise memo shall

form part and parcel of the decree. The defendants 2 to 4, who are

respondents 5 to 7 in the appeal remained ex-parte before the Court below

and no decree has been passed in their favour or against them. Therefore, they

are not necessary for the compromise memo. Consequently, connected

miscellaneous petition is closed.

19.01.2023

Index : Yes / No

Internet : Yes / No

sn

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A.S.(MD)No.10 of 2014

To

1.The District Judge, Sivagangai.

2.The Record Keeper, Vernacular Records,

Madurai Bench of Madras High Court, Madurai.

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A.S.(MD)No.10 of 2014

N.MALA, J

sn

A.S.(MD)No.10 of 2014

19.01.2023

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